Valleyhead, Inc.
Intensive Residential Program
PRIVATE SPECIAL EDUCATION SCHOOL
PROGRAM REVIEW
DRAFT REPORT OF FINDINGS
Dates of Onsite Visit: July 9 – 13, 2007
Date of Draft Report: September 25, 2007
Due Date for Comments: October 23, 2007
Date of Final Report: December 21, 2007
Action Plan Due: February 11, 2008
Department of Education Onsite Team Members:
Sandra K. Hanig, Chairperson
Betsy Holcombe
Jeffrey Nellhaus, Acting Commissioner of Education
MASSACHUSETTS DEPARTMENT OF EDUCATION
PRIVATE SPECIAL EDUCATION SCHOOL PROGRAM REVIEW
Valleyhead Intensive Care Program
Table of Contents
OVERVIEW OF REVIEW PROCEDURES
3
PRIVATE SCHOOL PROGRAM REVIEW ELEMENTS
3
DEFINITION OF TERMS FOR FINDINGS
8
AREA 1: REQUIRED INFORMATION, NOTIFICATIONS AND POSTINGS
9
AREA 2: ADMINISTRATION -- LEGAL AND FINANCIAL DOCUMENTATION
9
AREA 3: ADMINISTRATION -- MANUALS AND HANDBOOKS
12
AREA 4: DISCLOSURE OF INFORMATION
15
AREA 5: ADMISSIONS PROCEDURES AND COORDINATION/COLLABORATION WITH SCHOOL
DISTRICTS
18
AREA 6: EDUCATIONAL PROGRAM REQUIREMENTS -- STUDENT LEARNING TIME
21
AREA 7: EDUCATIONAL PROGRAM REQUIREMENTS -- CURRICULUM FRAMEWORKS AND
STATE ASSESSMENTS
24
AREA 8: EDUCATIONAL PROGRAM REQUIREMENTS -- INDIVIDUALIZED EDUCATION
PROGRAMS
26
AREA 9: EDUCATIONAL PROGRAM REQUIREMENTS -- STUDENT DISCIPLINE AND BEHAVIOR
MANAGEMENT
32
AREA 10: EDUCATIONAL STAFFING REQUIREMENTS -- STUDENT:TEACHER AND
STUDENT:CHILDCARE WORKER RATIOS
36
AREA 11: EDUCATIONAL STAFFING REQUIREMENTS -- PERSONNEL POLICIES,
QUALIFICATIONS, RESPONSIBILITIES
39
AREA 12: EDUCATIONAL STAFFING REQUIREMENTS -- STAFF TRAINING
46
AREA 13: PHYSICAL FACILITY AND EQUIPMENT REQUIREMENTS
52
AREA 14: REQUIREMENTS FOR DAILY CARE
57
AREA 15: PARENT AND STUDENT INVOLVEMENT
59
AREA 16: HEALTH AND MEDICAL SERVICES
63
AREA 17: TRANSPORTATION SAFETY
70
AREA 18: STUDENT RECORDS
70
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 2 of 73
MASSACHUSETTS DEPARTMENT OF EDUCATION
APPROVED PRIVATE SCHOOL PROGRAM REVIEW REPORT
OVERVIEW OF REVIEW PROCEDURES
INTRODUCTION
The Massachusetts Department of Education is required under M.G.L. c. 71B, §10 to review special
education programs in approved private special education schools that serve publicly funded students
under the provisions of Board of Education Regulations 603 CMR 28.00 and 18.00. Each private school
submits an application for approval by the Department of Education and periodically updates information
included in the application on how special education services are provided. Each year, the Department's
Program Quality Assurance Services unit conducts onsite visits to selected approved private schools to
verify the implementation of their applications. The selected schools for 2006-2007 review cycle were
notified in October 2006 of scheduled visits and were encouraged to assess themselves before the arrival
of the Department's visiting team.
The statewide six-year Private School Program Review cycle together with the Department’s Mid-cycle
follow-up monitoring schedule is posted on the Department’s web site at
http://www.doe.mass.edu/pqa/review/psr/6yrcycle.html.
Private School Program Review Elements
Team:
Depending upon the size of a private school and the number of programs to be reviewed, a team
of two to three Department staff members conducts a Program Review over two to five days in
the private school. In some instances, Massachusetts’ human service agency staff and a
representative of the local school district may also participate on the visiting team.
Scope:
All approved private schools in the Commonwealth are monitored through the Department's
Private School Program Review system on a six-year cycle with an additional mid-cycle followup visit. This six-year monitoring and follow-up cycle is coordinated with the Department's
Approved Private School Application Renewal procedures.
Content: The Program Review criteria encompass key elements drawn from 603 CMR 18.00 and 28.00
and the private school’s application for approval. The elements selected for the 2005-2006
reviews also include those required by the federal Office for Special Education Programs
(OSEP) and revised requirements of the Individuals with Disabilities Education Act, 20 U.S.C.
Section 1400 et seq. (IDEA-2004) as described in the Department's Special Education
Advisories. Selected Program Review compliance criteria are aligned with the requirements
and goals of the Massachusetts Education Reform Act of 1993, being intended to promote high
standards and achievement for all students.
Report:

The Department's Program Review Report is based on a review of documentation regarding the
operation of the school's programs, together with information gathered through the following
Department program review methods:
Interviews of administrative, clinical, instructional and support staff across all grade levels.
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Valleyhead Intensive Care Program Review Report – December 21, 2007
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
Interviews of Parent Group representatives.

Other interviews as requested by personnel from state and local agencies and members of the general
public.

Review of student records: A sample of student records is selected for detailed review by the
Department of Education. Student records are examined first by the school’s staff and then verified
by the onsite team using standard Department student record review procedures in order to make
determinations regarding the implementation of procedural and programmatic requirements. Parents
of students whose files were selected for the record review are provided an opportunity to be
interviewed by telephone.

Observation of classrooms and other facilities: Instructional classrooms and school facilities used in
the delivery of programs and services are visited to determine general levels of compliance with
program requirements.
Response:
A detailed report of findings describes determinations about the implementation status of
each requirement (criterion) reviewed. Included in the findings are commendations for
those criteria that have been implemented in an exceptional manner. Where criteria are
identified as not fully implemented, the private school must propose corrective action to
bring those areas into compliance with the controlling statutes or regulations. Under
new federal Special Education State Performance Plan requirements pursuant to
IDEA-2004, public and private schools serving disabled students must demonstrate
effective resolution of noncompliance identified by the Department as soon as
possible but in no case later than one year from the issuance of the Department’s
Final Program Review Report.
Private schools are encouraged to incorporate the corrective action into their program
improvement planning, as well as their professional and paraprofessional staff
development plans.
The Department believes that the Private School Program Review process is a positive experience and
that the Final Report is a helpful planning document for the continued development and improvement of
programs and services in each approved private school.
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
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REPORT INTRODUCTION
A two-member Massachusetts Department of Education team visited Valleyhead Residential School
during the week of July 9, 2007 to evaluate the implementation of selected compliance criteria under the
Massachusetts Board of Education Regulations 603 CMR 18.00 (Program and Safety Standards for
Approved Public or Private Day and Residential Special Education School Programs) and 603 CMR
28.09 (Approval of Public or Private Day and Residential Special Education School Programs), M.G.L c.
71B (“Chapter 766”) and the federal Individuals with Disabilities Education Act, 20 U.S.C. Section 1400
et seq, as amended in 1997 (IDEA-97). The team appreciated the opportunity to interview staff and
parents, to observe classroom facilities, and to review the program efforts underway in the school.
The Department is submitting the following Private School Program Review Report containing findings
made pursuant to this onsite visit. In preparing this report the team reviewed extensive documentation
regarding the operation of the school's programs, together with information gathered by means of the
following Department program review methods:
•
•
•
•
•
•
•
•
•
Interviews of seven administrative staff.
Interviews of three clinical staff.
Interviews of four teaching and educational support services staff.
Interviews of seven childcare staff.
Interview of one Parent Group representative.
Interviews of two representatives of state and local agencies responsible for placement of
students in the school.
Student record review: A sample of thirteen Massachusetts student records was selected
by the Department. Student records were first examined by the school’s staff and then
verified by the onsite team using standard Department of Education student record review
procedures to make determinations regarding the implementation of procedural and
programmatic requirements.
Personnel record review: A sample of seventeen personnel records was selected by the
Department.
Observation of classrooms and other facilities: All instructional classrooms and other
school facilities used in the delivery of programs and services were visited to determine
general levels of compliance with program requirements.
The report includes findings organized under the 18 compliance areas listed in the table of contents. The
findings explain the “ratings,” or determinations by the team about the implementation status of the
compliance criteria reviewed within each of the 18 areas. The ratings indicate those criteria that were
found by the team to be substantially “Implemented” or implemented in a “Commendable” manner.
(Refer to the “Definition of Terms” section of the report.) Where criteria were found to be either
"Partially Implemented" or "Not Implemented," the private school must propose to the Department
corrective action to bring those areas into compliance with the controlling statute or regulation. In some
instances the team may have found certain requirements to be fully “Implemented” but made a specific
comment on the school’s implementation methods that also may require response from the private school.
The private school is expected to incorporate the corrective action into any program improvement plans,
including the school’s professional and paraprofessional staff development plan.
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Valleyhead Intensive Care Program Review Report – December 21, 2007
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Valleyhead Intensive Care Program
SUMMARY OF COMPLIANCE CRITERIA INCLUDED IN THIS REPORT
REQUIRING CORRECTIVE ACTION PLAN DEVELOPMENT
in response to the following
PROGRAM REVIEW REPORT FINDINGS
PROGRAM AREA
PARTIALLY
IMPLEMENTED
Area 1: Required Information,
Notifications And Postings
1.2
Area 2: Administration -Legal And Financial
Documentation
2.5
Area 3: Administration -Manuals And Handbooks
3.2
Area 4: Disclosure Of
Information
4.4, 4.5
Area 5: Admissions
Procedures And
Coordination/Collaboration
With School Districts
5.1, 5.2, 5.5
Area 6: Educational Program
Requirements -- Student
Learning Time
6.1, 6.1(a)
Area 7: Educational Program
Requirements -- Curriculum
Frameworks And State
Assessments
7.1, 7.3
Area 8: Educational Program
Requirements – Individualized
Education Programs
8.1, 8.2, 8.7, 8.8, 8.9, 8.10,
8.11
Area 9: Educational Program
Requirements -- Student
Discipline And Behavior
Management
9.1, 9.4
Area 10: Educational Staffing
Requirements -Student:Teacher And
Student:Child-Care Worker
Ratios
10.2
NOT IMPLEMENTED
6.2
8.6
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Valleyhead Intensive Care Program Review Report – December 21, 2007
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OTHER CRITERIA
REQUIRING
RESPONSE
PROGRAM AREA
PARTIALLY
IMPLEMENTED
NOT IMPLEMENTED
Area 11: Educational Staffing
Requirements -- Personnel
Policies, Qualifications,
Responsibilities
11.1, 11.2, 11.3, 11.4, 11.9,
11.11
11.5
Area 12: Educational Staffing
Requirements -- Staff Training
12.2, 12.2(c), 12.2(d),
12,2(g), 12.2(h), 12.2(i)
Area 13: Physical Facility And
Equipment Requirements
13.4, 13.5, 13.6, 13.8
Area 14: Requirements For
Daily Care
14.3
Area 15: Parent And Student
Involvement
15.1, 15.5, 15.8
Area 16: Health And Medical
Services
16.3, 16.4, 16.5, 16.6, 16.7
Area 17: Transportation
Safety
17.1
Area 18: Student Records
18.2
OTHER CRITERIA
REQUIRING
RESPONSE
13.7
15.3
NOTE THAT ALL OTHER CRITERIA REVIEWED BY THE DEPARTMENT THAT
ARE NOT MENTIONED ABOVE HAVE RECEIVED AN “IMPLEMENTED” OR “NOT
APPLICABLE or NOT RATED” RATING.
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Valleyhead Intensive Care Program Review Report – December 21, 2007
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DEFINITION OF TERMS
FOR THE RATING OF EACH COMPLIANCE CRITERION
Commendable
The criterion is implemented in an exemplary manner
significantly beyond the requirements.
Implemented
The requirement or criterion is substantially met.
Partially Implemented
The requirement, in one or several important aspects, is
not entirely met.
Not Implemented
The requirement is totally or substantially not met.
Not Applicable or Not Rated
The requirement does not apply to the private school.
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
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AREA 1: REQUIRED INFORMATION, NOTIFICATIONS AND POSTINGS
CRITERION
NUMBER
Legal Standard
1.2
Program &
Student
Description
Program Capacity
28.09(2)(b)(2,3,7)
A narrative is provided that describes the program’s:
a. Operational capacity
b. Identified population of students to be served, including the current and/or
projected enrollment maximum enrollment, ages of students and their
educational and behavioral characteristics
c. Philosophy, goals and objectives
d. Mechanisms for delivery of services
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Comment:
Documentation submitted as part of this review states that Valleyhead School has been approved for
enrollment of 48 students. In September 2006, Valleyhead’s request for special circumstances to
change maximum enrollment from 59 to 34 students was approved by the Department of Education.
Interviews and observations indicate that although The Department of Education has granted one
approval for Valleyhead School, upon admission, students are assigned to a residence and classes
that are located either on the main campus or at a location 2 miles away, referred to as “The Farm.”
The organizational structure of the two locations differs. For example, the Residential Director does
not have oversight of the campus at the Farm. Students who live and attend classes at one location
rarely interact with students at the other location and are not offered the same access to educational
and recreational opportunities.
AREA 2: ADMINISTRATION -- LEGAL AND FINANCIAL DOCUMENTATION
CRITERION
NUMBER
Legal Standard
2.1
The program provides a description of its legal status including names of individuals
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Valleyhead Intensive Care Program Review Report – December 21, 2007
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CRITERION
NUMBER
Legal Standard
and principal parties with ownership, oversight, and key administrative
responsibilities.
Legal Status
28.09(2)(b)4
The program maintains complete documentation on ownership, governance,
management, mission, and mechanisms for service delivery.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
2.2
Approvals,
Licenses,
Certificates
of Inspection
28.09(2)(b)45
28.09(5)
28.09(6)
18.04(1)
The program has current licenses, approvals, and certificates of inspection by state
and local agencies for:
a. Building occupancy;*
b. Safety inspection in all buildings by the Department of Public Safety or
local building inspector;
c. Annual fire safety inspection by local fire department;*
d. Lead paint inspection (if applicable);*
[See 102 CMR 308(4)(b): All buildings, residential or otherwise,
utilized by children younger than six or with a mental age younger
than six shall be free of lead paint violations in accordance with 105
CMR 460.000 (Massachusetts Department of Public Health
Prevention and Control of Lead Poisoning regulations).]
e. Health safety;*
f. Approval by local school committee (per M.G.L. c. 76, s. 1);
g. Approval by EEC to operate a group care facility or a special education day
care center (if applicable);*
h. Asbestos inspection or date when building was constructed and statement
from appropriate authority that building is asbestos free;
i. PCB inspection or date when building was constructed and statement from
appropriate authority that building and all light ballasts are free from
PCB’s;
j. Other inspections that may be required by local or state authorities; and
k. (If applicable) a statement as to whether previous application was made for
approval, and the action that was taken on it.
*A program with a residential component may submit the most recent EEC license
to fulfill those requirements marked with an asterisk (*).
Rating: Implemented
RESPONSE REQUIRED:
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Valleyhead Intensive Care Program Review Report – December 21, 2007
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No
CRITERION
NUMBER
Legal Standard
2.3
EEC License
(NA to Day
Schools)
The program has a current, full license from Department of Early Education and
Care (EEC (per 102 CMR 3.00) to operate as a residential school.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
The private school program maintains good standing with state and federal tax
authorities and provides notification of any outstanding tax liabilities.
2.4
Financial
Solvency
28.09(2)(b)4
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
2.5
Financial
Management
28.09(2)(b)4
The private school program maintains accurate records of receipts and expenditures,
consistent with the regulations of the Massachusetts Operational Services Division,
together with a Program Budget and a list of the proposed tuition rates for all
publicly and privately funded students attending the school, including students from
outside Massachusetts [808 CMR 1.00].
Rating: Implemented
RESPONSE REQUIRED:
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Valleyhead Intensive Care Program Review Report – December 21, 2007
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No
AREA 3: ADMINISTRATION -- MANUALS AND HANDBOOKS
CRITERION
NUMBER
Legal Standard
All approved public and private special education schools shall maintain onsite a
policies and procedures manual and shall provide written notice to parents of
enrolled students that copies of such policies and procedures are available upon
request.
3.1
Policies &
Procedures
Manual
28.09(11)(b)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
3.1(a)
Contents
The program’s manual must contain policies and procedures in all subject areas
listed in the appendix at the back of this application.
These policies and procedures include, but are not limited to:
a.
b.
c.
d.
e.
f.
g.
h.
i.
j.
k.
l.
m.
n.
o.
p.
q.
r.
s.
t.
u.
v.
Advanced notice of proposed program/facility change
Student admissions
Child abuse/neglect
Discipline policies and procedures
Suspension and termination
Student discipline and behavior management
Physical restraint
Student runaway
Notification of serious incidents (Form 2)
Coordination and collaboration with school districts
IEP- revisions and changes
IEP- transition planning
IEP- transition services
State and district-wide assessments
Progress reports
Least restrictive placements
Evacuation and emergency procedures
Parent involvement
Orientation for new parents and students
Change of student’s legal status
Obtaining parental consent
Student involvement
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CRITERION
NUMBER
Legal Standard
w.
x.
y.
z.
aa.
bb.
cc.
Registering complaints- parents and students
Student protections
Supervision of students
Student records
New staff orientation and annual in-service training
Student transportation and transportation safety
Research, experimentation, fund raising, publicity, and observation
Appendix with all signed and dated Assurances sent to the Department in connection
with this application.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
3.1(b)
Private School
Employment
Practices
Title VI: 42
U.S.C. 2000d;
34 CFR
100.3(c);
EEOA: 20
U.S.C.
1703(d); Title
IX: 20 U.S.C.
1681; 34 CFR
106.51-106.61;
Section 504:
29 U.S.C. 794;
34 CFR
104.11-104.14;
Title II: 42
U.S.C. 12132;
28 CFR
35.140; Mass.
Const. amend.
art 114
Employment practices in private special education programs in general are free from
discrimination on the basis of race, color, national origin, sex or disability. In
particular, faculty salary scales are based on the conditions and responsibilities of
employment without regard to race, color, national origin, sex or disability, and
employee recruitment is aimed at reaching all groups, including members of
linguistic, ethnic, and racial minorities, females and males, and persons with
disabilities.
Rating: Implemented
RESPONSE REQUIRED:
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 13 of 73
No
CRITERION
NUMBER
Legal Standard
The program maintains a written and current health care policies and procedures
manual containing all required health-related policies and procedures as described in
603 CMR 28.00 and 603 CMR 18.00, and approved by a licensed physician. The
manual is readily available to all staff and includes policies and procedures on the
following subjects:
a. Provision of medical, nursing, and infirmary care
b. Emergency first aid (see criterion 16.4)
c. Administration of medications, per DPH regulations
d. Administration of anti-psychotic medications including, where appropriate,
“Rogers Procedures”
e. Students with Comfort Care/Do Not Resuscitate Orders (DPH Guidelines
issued on November 30, 2004)
f. Meningococcal Disease and Vaccination for Residential Schools with
Grades 9-12 and Postsecondary Institutions that Provide or License
Housing (Massachusetts General Laws, Chapter 76, s.15D and related
regulations of DPH, 105 CMR 220.700)
g. Preventive health care (see 16.7)
h. Receipt of medical treatment in accordance with students’ religious beliefs
i. No smoking policy (see Assurance on this subject)
j. Toileting procedures
k. Food and nutrition (see 14.2)
l. Name and contact information for consultant physician and additional
emergency contacts.
3.2
Health Care
Manual
18.05 (9)(d)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates the health care manual for Valleyhead School does not include a
policy on smoking.
CRITERION
NUMBER
Legal Standard
3.3
Special
Education
Regulations
and
Reference
Materials
State regulations and specified excerpts from current federal special education
regulations and related reference materials must be compiled and readily available
for parents and staff to inspect.
This compilation of materials must contain at least the following 5 documents:
a. Current federal IDEA regulations: 34 CFR 300.300-.577
b. Appendix A to the above federal regulations
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CRITERION
NUMBER
Legal Standard
c.
d.
e.
State:
603 CMR
28.00
Federal:
34 CFR
300.300-.577
and
Appendix A
State regulations: 603 CMR 28.00 and 603 CMR 18.00
The current Department of Education IEP Process Guide and IEP Forms
State restraint regulations (for day schools)
Rating: Implemented
RESPONSE REQUIRED:
No
AREA 4: DISCLOSURE OF INFORMATION
CRITERION
NUMBER
Legal Standard
The private special education school shall make available to the Department
information on all aspects of the school’s program(s), the license and/or credentials
of its staff and the individual records of enrolled Massachusetts students.
4.1
Aspects of
program,
staff
credentials
and student
records
28.09 (5)(a)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
4.2
The private special education school maintains on site and makes available for public
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CRITERION
NUMBER
Legal Standard
Public
information
and
Postings
28.09(6)(a,b,c
,d,e),
28.09(2)(b)(4)
review by posting in public locations the following:
a. Documentation of the current approval or intake status issued by the
Department of Education and/or licensing status issued by the Department
of Early Care and Education (must be posted in a public location)
b. First aid, medical and emergency procedures, location of nearest
telephones within each building, and emergency telephone numbers (must
be posted in each building)
c. Evacuation routes and procedures (must be posted in each room)
d. For public programs: a notice that use of tobacco products is not permitted
on school property or at any school related function (must be posted in a
public location)
e. For private programs: a notice that use of tobacco products is not permitted
in school buildings (must be posted in a public location)
f. Program information including a statement of purpose, general description
of educational program and an organizational chart
In addition to the above, private special education schools must maintain the
following information for public review:
a. Current tuition rate for students
b. Evidence of authority to operate the private school including Documents
that identify ownership and, as applicable, partnership agreements, the
names of officers, boards, charters, articles of organization and by-laws
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
4.3
Publicly
Available
Information
28.09(5)(a,b),
(6)
18.04(1)(a)(b)
102 CMR
3.06(4)(b)
The private special education school maintains the following in a place available for
public and employee review:
 Valid safety inspections of all buildings by the Department of Public Safety
or the local building inspector
 Health inspections
 Fire safety inspection from the local fire department
 Asbestos inspection
 PCB inspection
 A report demonstrating compliance with childhood lead poisoning
prevention and control law and regulations, if applicable
 School’s policy and procedure manual
Rating: Implemented
RESPONSE REQUIRED:
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Valleyhead Intensive Care Program Review Report – December 21, 2007
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No
CRITERION
NUMBER
Legal Standard
Prior to any substantial change to the program or physical plant, the private school
provides written notification to the Department to obtain approval. The program
must also provide written notification to the Department of any sudden and/or
unexpected changes that may impact the overall health or safety of students and/or
the delivery of services required by IEPs. Examples of changes include, but are not
limited to:
a. Changes (e.g. increases or reductions) in services or staff including
temporary staff shortages that alter the previously approved student/teacher
(or student/childcare) ratios and/or affect the program or service delivery to
students per their IEPs(if any changes occur in this area, the school must
submit an updated Master Staff Roster);
b. Building changes that affect the care of the students;
4.4
Advance
notice of
Proposed
Program/
Facility
Change
28.09 (5)(c)
c.
d.
e.
Major changes in the population to be served;
Any alteration of the service configuration of the program as last approved by the
Department; and
Significant changes in program policies or procedures.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review and interviews indicate that Valleyhead School has not notified the
Department that it has been unable to provide students with speech and language or occupational
therapy when required by student individualized education program.
CRITERION
NUMBER
Legal Standard
4.5
Immediate
notification
18.03(10)
18.05(7)
28.09(12)
For all students (regardless of state of residency), the private program makes
immediate notification to the parent, the public school district special education
administrator, and any state agency involved in the student care or placement (by
telephone and letter), and the Department of Education (by telephone and Form 2) of
the following incidents:
a. Death of a student
b. Hospitalization of a student, including outpatient emergency room visits,
due to physical injury at school or previously unidentified illness, accident
or disorder which occurs while the student is in the program
c. Injury of a student in a motor vehicle accident
d. In-patient psychiatric hospitalization of a student due to an emergency
mental health crisis that occurs while the student is in the program
e. Any time a medication error occurs (i.e. student misses a medication
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CRITERION
NUMBER
Legal Standard
f.
g.
h.
i.
administration, is administered the wrong medication, or is administered the
wrong dose of medication)
Running away of a student
Emergency termination of a student including circumstances in
which the student presents a clear and present threat to the health and safety
of him/herself or others
o A written termination summary explaining the reasons for the
emergency termination must be sent to the parent(s), the student (if
over 14 years of age), the local Administrator of Special Education,
officials of the appropriate Human Service Agency and the
Department of Education.
Filing of a 51-A report with DSS, or a complaint to the Disabled Persons
Protection Commission against the school or a school staff member for
abuse or neglect of a student
Any action taken by a federal, state or local agency that might jeopardize
the school’s approval with the Department or any legal proceeding brought
against the school or its employee(s) arising out of circumstances related to
the care or education of any of its students regardless of state of residency
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead School has developed a “Required Notification
Chart” that includes contact information for persons and agencies that must be notified in case of
specific incidents. This chart does not include all types of incidents that must be reported to the
Massachusetts Department of Education. In interviews, staff members listed on this form as having
responsibility to notify the Department of Education of reportable incidents were not aware of
Massachusetts Department of Education procedures. Interviews indicate that immediate notification
of all required incidents had not been made to the Department of Education or parents.
AREA 5: ADMISSIONS PROCEDURES AND COORDINATION/COLLABORATION
WITH SCHOOL DISTRICTS
CRITERION
NUMBER
Legal Standard
5.1
The private special education program may not enroll eligible students under the
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CRITERION
NUMBER
Legal Standard
provisions of 603 CMR 28.00 unless approved to do so by the Department.
Student
Admissions
The program develops and implements written admissions criteria, policies and
procedures that include the following:
a. A written statement describing how copies of the school’s policies and
procedures are provided to the student (if applicable), parents and the
placing school district prior to admission of the student.
b. A statement that admissions policies and procedures are to be made
available to parents and students at any time upon request
c. Documentation from a licensed physician of a complete physical
examination of the student not more than twelve (12) months before
admission
o In the event of emergency placements, the school shall make
provisions for a complete examination of the student within thirty
(30) days of admission.
d. A narrative description of the student admission interview process
e. Consent forms (See criterion 15.5)
28.09(11)
18.05(1) and
(2)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that the policy on student admissions has not been updated since
September 2005. It refers to the Department of Education approved Basic Care Program, which no
longer exists. Interviews indicate that Valleyhead School would not admit a student who is pregnant
and terminates the enrollment of a student if she becomes pregnant.
CRITERION
NUMBER
Legal Standard
5.2
Policies and
Procedures
for
Coordination
/Collaboration with
Public School
Districts
&
Content s for
Coordination
The private special education program works collaboratively with the placing public
school district to ensure that, to the maximum extent appropriate, children with
disabilities are educated with children who do not have disabilities, are provided
access to the general education program and are given opportunities to return to a
less restrictive educational program.
A private school shall have policies and procedures that describe roles and
responsibilities of the program and its staff as well as general communication and
collaboration procedures that address the following:
a. Consideration of possible placement and admissions process;
b. IEP development and implementation and roles in 3-year eligibility redeterminations;
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CRITERION
NUMBER
Legal Standard
/Collaboratio
n with Public
School
Districts
c.
28.06(2-3)
28.09(9)(c)
&(d)
28.09(2)(b)7
e.
f.
Federal
Regulations:
300.349 and
300.400-.401
28.06(2-3)
28.07(5)
28.09(9)(c)
&(d)
28.09(2)(b)7
Federal
Regulations:
300.349
and
300.400-401
d.
g.
h.
i.
j.
k.
l.
Contents of and general arrangements for executing contracts with placing
school districts;
Participation of the private or public school program as well as school
district representatives at the Team and other key meetings, including
reviewing/revising the IEP;
Written progress reports;
Documentation regarding student-related developments, including matters
involving students’ behavioral plans, functional behavioral assessments,
manifestation determinations, imposition of discipline, etc.
Administration of tests;
Preparations for students returning to a public school or other less
restrictive setting;
Preparations for students approaching or reaching ages 14, 16 and 18, later
education, and adult life, consistent with IDEA “transition” requirements
and state age-of-majority law;
School district monitoring of student progress;
Granting of high school diplomas consistent with Department of Education
requirements; and
Conditions for issuance of certificates of attendance or program completion
by a private school or educational collaborative.
NOTE: Please review federal regulations 300.349 and 300.400-401 before preparing
this policy/procedure. Public school districts have the lead responsibility for
convening the Team that makes the initial and subsequent (every 3 years) eligibility
determinations, develops the IEP, and decides upon an appropriate placement.
Private and educational collaborative programs, however, play a major role in
determining whether a proposed placement in the program will meet a student’s
needs. Private and educational collaborative programs have the responsibility of
delivering services on the IEP, assessing and communicating progress, developing
subsequent IEPs and planning for the student’s return to a less restrictive
environment and/or for adult life.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Interviews and student record review indicate that Valleyhead School does not have a current signed
contract on file for each Massachusetts student enrolled.
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CRITERION
NUMBER
Legal Standard
All staff with school district contact responsibility are trained regarding their
particular roles and responsibilities.
5.4
Training
18.05(11)(g)(h)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
A senior person(s) is designated to communicate and work effectively with all public
school districts that have placed students in the program.
5.5
Staff
Coordinator
28.09(7)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that the Education Director is designated to have responsibility to
communicate and work effectively with sending public school districts, but this position is currently
vacant. Valleyhead School did not indicate which staff member is filling this responsibility in the
interim until a qualified person is hired as the Education Director.
AREA 6: EDUCATIONAL PROGRAM REQUIREMENTS -- STUDENT LEARNING
TIME
CRITERION
NUMBER
Legal Standard
6.1
Unless otherwise approved by the Department of Education, the private special
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CRITERION
NUMBER
Legal Standard
Daily
Instructional
Hours
603 CMR
27.00
education program provides an average annual minimum of the following
instructional hours:
 Elementary: 5 hours per school day (except for kindergarten)
 Secondary: 5 ½ hours per school day
The private special education program ensures that, unless a student’s IEP or Section
504 Accommodation Plan provides otherwise, each elementary school student is
scheduled for at least 900 hours of structured learning time a year and each
secondary school student is scheduled for at least 990 hours of structured learning
time a year, within the required school year schedule. Where the private special
education program operates separate middle schools, at the beginning of the school
year it designates each one as either elementary or secondary.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead School has developed three separate class schedules
for students attending “The Farm,” the Comprehensive High School and the High School. Class
offerings in summer months vary from those offered during the academic year. Observations and
interviews indicate that the school day does not begin at the time indicated on the block schedule and
students are not offered instruction in the subject area listed on the class schedules. During observed
silent leisure reading time, students did not have books. Where the schedule at The Farm indicated
students receive speech therapy or visual arts each Wednesday, interviews indicate that classes end at
1:10 and students watch a movie. On Mondays at The Farm, the class day ends at 2:30 when
teachers have trainings. Observation at the main campus indicates that students who were scheduled
to be on a recreational field trip were instead cleaning the classroom.
CRITERION
NUMBER
Legal Standard
6.1(a)
Physical
Education
Requirements
The private special education program shall develop a curriculum to teach physical
education as a required subject at all grade levels for all students for the purpose of
promoting the physical well being of students.
Both physical education and health education classes are to be considered part of the
student’s structured learning time.
MGL
Chapter 71,
Section 3
Rating: Partially Implemented
RESPONSE REQUIRED:
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No
Department of Education Findings:
Documentation review indicates that Valleyhead School has not developed a written curriculum for
physical education or health education. Review of class schedules and interviews indicate that
Valleyhead School offers students a variety of physical education opportunities and is providing
students with instruction in health.
CRITERION
NUMBER
Legal Standard
Where the private special education program counts independent study or a schoolto-work program as structured learning time, it has guidelines that explain clearly
how hours spent by students are verified.
6.2
School-toWork
603 CMR
27.02, 27.04
Rating: Not Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead School has not developed written guidelines for
school to work activities that detail how hours spent in this experience will be verified, meet IEP goals
and objectives or how students will receive supervision and feedback.
CRITERION
NUMBER
Legal Standard
6.3
Kindergarten
603 CMR
27.03(5)
Where the private special education program sets a separate school year and school
day schedule for kindergarten programs, it provides at least 425 hours of structured
learning time a year. If two sessions of kindergarten per day are scheduled, it ensures
equal instructional time for all kindergarten students.
Rating: Not Applicable
RESPONSE REQUIRED:
No
Department of Education Findings:
Valleyhead School is approved by the Massachusetts Department of Education to serve students age
12-22.
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CRITERION
NUMBER
Legal Standard
The private special education program is conducted for the following days (exclusive
of weekends, holidays, vacations):
 10 month program - 180 days
 11 month program – 198 days
 12 month program – 216 days
6.4
School Days
per Year
28.09(9)
Before the beginning of each school year, the private special education program sets
a school year schedule for each program. This schedule must include at least five
additional school days to account for unforeseen circumstances (i.e. snowstorms).
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
6.5
Early Release
of High
School
Seniors
When a private special education program schedules the early release at the end of
the year of the senior class of a high school, it does so in accordance with a written
policy that conforms with Board of Education requirements under 603 CMR 27.05,
ensuring that neither the conclusion of the seniors’ school year nor graduation is
more than 12 school days before the regular scheduled closing date of that school.
603 CMR
27.05
Rating: Implemented
RESPONSE REQUIRED:
No
AREA 7: EDUCATIONAL PROGRAM REQUIREMENTS -- CURRICULUM
FRAMEWORKS AND STATE ASSESSMENTS
CRITERION
NUMBER
Legal Standard
7.1
The program’s personnel shall reflect a full understanding of the connection between
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CRITERION
NUMBER
Legal Standard
the Massachusetts Curriculum Frameworks and the expectations of the state for
student performance as well as the rights of students with disabilities to be full
participants in the general curriculum.
Curriculum
Frameworks
28.09(9)(b)
The program has taken steps to provide all students with essential learning
opportunities that prepare the students to reach the state graduation standards.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Interviews indicate that not all educational staff and administrators have a full understanding of the
connection between the Massachusetts Curriculum Frameworks and how the school will provide
students with essential learning opportunities that prepare students to reach state graduation
standards.
CRITERION
NUMBER
Legal Standard
The program shall ensure that all staff including non-professional staff have an
understanding and knowledge of the general curriculum expectations and learning
standards of the Massachusetts Curriculum Frameworks and shall incorporate such
knowledge into the school’s educational program.
7.2
Staff
Training
28.09 (9)(b)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
7.3
State/District
Wide
Assessments
28.09(9)(d)
The program has a written procedure outlining how the school will ensure that all
enrolled students participate in state and/or district wide assessments in accordance
with the assessment participation information provided on the student’s IEP. Such
procedures shall include how the approved program will provide for MCAS testing
accommodations and/or administration of alternate assessments as determined by
each student’s Team.
Rating: Partially Implemented
RESPONSE REQUIRED:
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Yes
Department of Education Findings:
Valleyhead School did not provide the Department of Education with documentation to indicate that
teachers have attended training on providing MCAS alternate assessments. Interviews indicate that
teaching staff members do not understand procedures for administering a portfolio assessment.
AREA 8: EDUCATIONAL PROGRAM REQUIREMENTS -- INDIVIDUALIZED
EDUCATION PROGRAMS
CRITERION
NUMBER
Legal Standard
8.1
ImplementationEducational
Services
28.04 and
28.09(8)
34 CFR 300.26
The program specifies how each of the following educational services are
implemented for the described student population of the school:
a. The content requirements of the Massachusetts Curriculum Frameworks;
b. Self-help, daily living skills
c. Social/emotional needs
d. Physical education; adapted physical education
e. Pre-vocational, vocational, and career education
f. English language support (for limited English proficient students)
g. Other: any other specialized educational service(s) provided by the
program
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Valleyhead School did not submit a written description of how it provides the educational services
listed in this criterion. Interviews indicate that many of these services are being provided.
CRITERION
NUMBER
Legal Standard
8.2
ImplementationRelated Services
Related services are defined in the federal regulations as those services that are
developmental and corrective as well as supportive services that assist a child to
benefit from special education and/or access the general curriculum.
28.04 and
28.09(8)
The program specifies how each of the following related services is or will be
provided for the described student population of the school whose IEPs indicate
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CRITERION
NUMBER
Legal Standard
34 CFR 300.24
such services:
a. Transportation
b. Braille needs (blind/visually impaired)
c. Assistive technology devices/services
d. Communication needs (all students including deaf/hard of hearing
students)
e. Language needs (Limited English Proficient students)
f. Physical therapy
g. Occupational therapy
h. Recreation services
i. Mobility/orientation training
j. Psychological services, counseling services, rehabilitation counseling
services, social work services
k. Parent counseling and training
l. School health services, medical services
m. Other (e.g., music therapy, sensory integration therapy)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Valleyhead School did not submit a written description of how it provides the related services listed in
this criterion. Interviews indicate that, although the school has recently been unable to provide all
required speech and language or occupational therapy services, many of these services are being
provided.
CRITERION
NUMBER
Legal Standard
8.3
ImplementationSupplementary
Aids/Services
34 CFR 300.28
Supplementary aids and services are defined as “those aids and services – which
are not ‘specially designed instruction or related services’ – which enable eligible
students to be educated to the maximum extent possible with non-disabled
students.”
The program provides examples (through a list or narrative) of the kinds of
supplementary aids and services that are available for students in the program.
These may include aids and services that would typically be available in a less
restrictive setting, and their availability would be helpful when the student is able
to be placed in a less restrictive placement (e.g. adapted text, enlarged print, graph
paper, peer tutor, etc.).
Rating: Implemented
RESPONSE REQUIRED:
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No
CRITERION
NUMBER
Legal Standard
8.4
Program
Modifications
and Support
Services for
Limited
English
Proficient
Students
TITLE VI: 42
U.S.C. 2000D;
34 CFR
100.3(A),(B);
EEOA: 20
U.S.C.
1703(F);
M.G.L. C. 71,
S. 38Q1/2; 603
CMR
28.03(3)(A);
M.G.L. C.
71A, SS. 2(E),
4; 603 CMR
14.04; M.G.L.
C. 76, S. 5; 603
CMR 26.03
The private special education program implements necessary program modifications
and support services to serve effectively limited English proficient (LEP) students
who need special language assistance. Such program modifications and support
services:
a. Are based on sound education theory;
b. Provide for English-language development;
c. Provide for meaningful participation of LEP students in the school’s
educational program;
d. Are evaluated and appropriately revised in an ongoing manner; and
e. Are demonstrably useful in assisting students receiving such program
modifications and services to gain English language proficiency.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
8.5
Current IEP &
Student Roster
The program has on file a current IEP for each enrolled Massachusetts student
that has been issued by the responsible public school district and consented to by
the student’s parent(s), legal guardian (or student, when applicable).
28.09
Rating: Implemented
RESPONSE REQUIRED:
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No
CRITERION
NUMBER
Legal Standard
8.6
Educational
Case Manager
The program shall assign an educational case manager to each student.
28.09
Rating: Not Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Student record review and interviews indicate that Valleyhead School has not assigned an educational
case manager to each student.
CRITERION
NUMBER
Legal Standard
8.7
IEP
Implementation
The program shall implement all services on the students’ IEPs.
28.09
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Interviews indicate that Valleyhead School is not currently ensuring that students who have speech
and language or occupational therapy services required in their individualized education program
are receiving them.
CRITERION
NUMBER
Legal Standard
8.8
IEP –
Progress
Reports
The program shall send copies, at least quarterly, of progress reports to the parents
and public school (if student is in a collaborative or private placement).
Such reports must include written information on the student’s progress toward the
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CRITERION
NUMBER
Legal Standard
28.07(3)
20 U.S.C.
Chapter 33,
Section
1414(d)(1)(A)
(viii)
IDEA
Regulations:
300.347
annual goals in the IEP (specifying each quarter), including information on the
extent to which such progress is sufficient to enable the child to achieve the goals by
the end of the year.
Copies of progress reports shall be maintained in student records, including
documentation of persons or agencies receiving such reports.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Interviews and student record review indicate that progress reports written by staff members at The
Farm address student progress toward meeting IEP goals. Those written by staff on the main campus
do not address progress toward IEP goals. Quarterly reports are not consistently placed in student
records as per the school’s written policy.
CRITERION
NUMBER
TOPIC
Legal Standard
8.9
IEP –
Revisions &
Changes
34 CFR 300
The program notifies the responsible public school district and parents whenever the
IEP needs to be revised to reflect a change in goals, placement, or a return to a less
restrictive setting.
In no case shall the private school or educational collaborative provide notice of a
Team meeting required by state and federal special education requirements. In no
case shall the private school or educational collaborative conduct a Team meeting
without the authorization and presence of an administrative representative of the
responsible school district. In no case shall the private school or collaborative issue a
new or revised IEP for a student.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Student record review and interviews indicate that Valleyhead School does not alert the sending
school district that IEP Team may need to be reconvened and the IEP revised because the student is
receiving failing grades or failing to make sufficient progress toward IEP goals and objectives.
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CRITERION
NUMBER
Legal Standard
The program has a plan for ensuring that there are flexible procedures and
mechanisms that maximize opportunities for enrolled students to gain the capacity to
return to a less restrictive educational program. Such mechanisms may include, but
are not limited to, a capacity for part-time attendance at a public school or in a
general education classroom, or other community program, or a period of transition
from one program option to a less restrictive program option.
8.10
IEP –
Less
Restrictive
Placement
28.09(9)(c)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Valleyhead did not provide the Department of Education with a written plan for providing students
with opportunities to participate in a less restrictive educational program, but interviews indicate that
Valleyhead School has worked with Lenox Public Schools and other community programs to provide
students with these opportunities.
CRITERION
NUMBER
Legal Standard
8.11
IEPTransition
Planning
34 CFR
300.347(b)(1)
34 CFR
300.347(b)(2)
No later than when a student is 15 years old, the program works with the responsible
school district to discuss a student's transition needs at the IEP Team meeting. If
appropriate, the Team considers and writes specially designed, measurable goals
based on age-appropriate transition assessments related to training, postsecondary
education, employment, and, where appropriate, to independent living skills. If
transition services are included in the IEP, they are based upon the student's needs,
taking into account the student's preferences and interests, and may include
employment or other post-school adult living objectives, and the acquisition of daily
living skills and functional vocational evaluation.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead School has a policy on transition planning that does
not reflect changes in IDEA 2004. Student record review indicates that very few records include a
transition planning chart. Interviews indicate that staff members who attend IEP Team Meetings are
not aware of the requirement to discuss and document transition goals on the transition planning
form.
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CRITERION
NUMBER
Legal Standard
For students approaching graduation or the age of twenty-two, the private school’s
participant on the IEP Team will provide sufficient information to the Team to
enable the Team to determine whether the student is likely to require continuing
services from adult human service agencies.
8.12
IEP –
Transition
Services
28.05(4)(c)
The private or public school may make the referral to the Bureau of Transitional
Planning in the Executive Office of Health and Human Services (at least two years
prior to the student’s 22nd birthday) in accordance with the requirements of MGL
c.71, §12-A-§12C (known as Chapter 688).
Rating: Implemented
RESPONSE REQUIRED:
No
AREA 9: EDUCATIONAL PROGRAM REQUIREMENTS -- STUDENT DISCIPLINE
AND BEHAVIOR MANAGEMENT
CRITERION
NUMBER
Legal Standard
9.1
Policies and
Procedures
18.05 (5)
The program develops a comprehensive set of policies and procedures dealing with
discipline and behavior management that meet all federal special education
requirements, and all applicable state and federal requirements pertaining to the use
of restraint. (See Criterion 9.4 below.) These policies and procedures are consistently
implemented.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Comment:
Documentation review indicates that Valleyhead’s behavior management philosophy is based on
“natural rewards and consequences.” Procedures to implement this therapeutic behavior change
model could not be clearly articulated by all staff members who were interviewed.
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CRITERION
NUMBER
Legal Standard
The private special education program develops and implements a student discipline
code of conduct.
9.2
Discipline
Code
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
The program shall have a written policy, including a definition of runaways,
appropriate for the school population and location, as well as procedures for
handling students who run away.
9.3
Runaway
Students
These policies must be approved by the Department of Education.
18.03 (10)
The school must notify the Department, the local school district and/or other
involved agencies and parents immediately whenever any student runs away.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
9.4
Restraints
A private day educational program must develop a policy on the use of physical
restraint and administer physical restraint in accordance with the requirements of 603
CMR 46.00.
18.05 (5)
603 CMR
46.00
A residential educational program and any day educational program operated by a
residential program must comply with the OCCS restraint requirements contained in
102 CMR 3.00 for all students enrolled in such program.
A private school educational program within a program or facility subject to M.G.L.
c. 123 or Department of Mental Health Regulations must comply with the restraint
requirements of M.G.L. c. 123, 104 CMR 27.12 or 104 CMR 28.05, where
applicable.
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CRITERION
NUMBER
Legal Standard
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Interviews indicate that staff members do not understand Department of Education notification
requirements when a staff member or student is injured during a restraint.
CRITERION
NUMBER
Legal Standard
9.5
3-5 Day
Suspensions
18.05(6)
Upon admission of a student, the private special education program shall provide a
written policy on suspensions to the parents and to the school district and human
service agency that placed the student. Such policy shall also contain the following
information:
a. Whenever a student is suspended, the school shall immediately notify the
parents and the public school or human service agency responsible for the
placement. Within 24 hours, the school shall send a written statement
explaining the reasons for suspension to the parents and public school
district.
b. No student may be suspended and sent home unless a responsible adult is
available to receive the student.
c. Once a student has been suspended for three (3) consecutive school days
or five (5) non-consecutive school days in a school year, the school,
parents, and public school district, consistent with federal requirements,
shall explore together all possible program modifications within the
school in an attempt to prevent more lengthy suspension of the student
from the program.
d. Procedures must be in place to record and track the number and duration
of suspensions, including suspensions from any part of the student’s IEP
program (including transportation).
NOTE: Sending a student home “early” is considered a suspension if the student’s
IEP does not allow for the modification of learning time requirements of the Board
of Education.
Rating: Implemented
RESPONSE REQUIRED:
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No
CRITERION
NUMBER
Legal Standard
9.6
Suspensions
Joint
responsibilities
of the public/
private school
and the
responsible
school district
Federal
Requirements:
34 CFR
300.519-.529
The private special education program implements the following procedures
when suspensions exceed 10 consecutive school days or a pattern has developed
for suspensions exceeding 10 cumulative days:
a.
b.
c.
d.
e.
A request is made of the student's responsible school district to convene
an IEP Team meeting, which includes representation from the private
school, prior to a suspension that constitutes a change in placement of a
student with disabilities;
The private school participates in the Team meeting:
o To develop or review a functional behavioral assessment of the
student’s behavior and to develop or modify a behavior
intervention plan;
o To identify appropriate alternative educational setting(s); and
To conduct a manifestation determination (i.e. to determine the
relationship between the disability and the behavior). [To do this, the
Team asks questions including: Is the IEP appropriate? Is the placement
appropriate? If there was a behavior plan, was it implemented? Does the
student understand the impact and consequences of his/her behavior?
Can the student control his/her behavior?].
If the Team determines that the behavior is NOT a manifestation of the
disability, the school may suspend or terminate the student consistent
with policies applied to any other student in the program. The
responsible school district must, however, offer an appropriate education
program to the student with disabilities that may be in some other
setting.
If the TEAM determines that the behavior IS a manifestation of the
disability, the placing district, in coordination with the private school,
takes steps (with the consent of the parent) to modify the IEP, the
behavior intervention plan, and/or the placement.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
9.7
Terminations
The private special education program shall not terminate the enrollment of any
student, even in emergency circumstances, until the enrolling public school district is
informed and assumes responsibility for the student.
28.09(12)
18.05(7)
The program develops a written termination policy that includes, but is not limited
to, the following:
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CRITERION
NUMBER
Legal Standard
a.
b.
c.
d.
At the request of the public school district, the program shall delay
termination of the student for up to two (2) calendar weeks to allow the
public school district the opportunity to convene an emergency Team
meeting or to conduct other appropriate planning discussions prior to the
student’s termination.
With mutual agreement between the private special education program and
the placing public school district, termination of enrollment may be delayed
for longer than two calendar weeks.
For planned terminations, the private special education program shall notify
the public school district of the need for an IEP review meeting and
provides notice of this meeting to all appropriate parties ten (10) days in
advance of the intended date of the meeting. The purpose of the meeting
will be to develop a clear and specific termination plan for the student that
shall be implemented in no less than thirty (30) days unless all parties agree
to an earlier termination date.
For emergency terminations, which are circumstances where the student
presents a clear and present threat to the health and safety of him/herself or
others, the program shall follow the procedures required under 603 CMR
28.09(12)(b) and immediately notify the Department of Education.
Rating: Implemented
RESPONSE REQUIRED:
No
AREA 10: EDUCATIONAL STAFFING REQUIREMENTS -- STUDENT:TEACHER
AND STUDENT:CHILDCARE WORKER RATIOS
CRITERION
NUMBER
Legal Standard
10.1
Student:
Teacher
Ratios
28.06(6)(d)&
(g)
28.09(7)(e)
Unless otherwise approved by the Department of Education, the private special
education program ensures that instructional groupings do not exceed:
 8 students to one certified teacher without an aide
 12 students to one certified teacher with an aide
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Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 36 of 73
CRITERION
NUMBER
Legal Standard
Rating: Implemented
RESPONSE REQUIRED:
No
Department of Education Comment:
Review of Valleyhead’s policy indicates that the private school maintains ratios within the guidelines
of this Department regulation and has not requested alternate student to teacher ratios. Interviews
indicate that the student to teacher ratio is 5:1.
CRITERION
NUMBER
Legal Standard
The program shall ensure that the ages of the youngest and oldest child in any
instructional grouping shall not differ by more than forty-eight months (4 years).
10.2
Age Range
28.06(6)(f)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review and interviews indicate that the age range of students at The Farm and the
Comprehensive High School exceed forty-eight months and Valleyhead School had not requested a
waiver to this regulation from the Department of Education prior to placing students in these
classroom groupings.
CRITERION
NUMBER
Legal Standard
10.3
Programs for
Young
Children
The program shall ensure that any and all substantially separate classrooms for
young children (3 and 4 year olds) do not exceed nine (9) students with one teacher
and one aide.
28.09(7)(e)
28.06(7)
Rating: Not Applicable
RESPONSE REQUIRED:
Department of Education Findings:
Valleyhead School is approved by the Department of Education to serve students age 12-22.
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Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 37 of 73
No
CRITERION
NUMBER
Legal Standard
The program has a student to childcare worker ratio of:
 Not lower than 4:1 nor greater than 6:1 during non- “school day” waking hours
 Not lower than 6:1 nor greater than 8:1 during sleeping hours
10.4
Student:
Child Care
Ratios
28.09(7)
18.01(2)
Rating: Implemented
RESPONSE REQUIRED:
No
Department of Education Findings:
Review of Valleyhead’s policy indicates that the private school maintains student to child care ratios
as required by this Department of Education regulation.
CRITERION
NUMBER
Legal Standard
10.5
Alternative
Ratios
18.03(2)
Where applicable, the private special education program shall submit a justification
for alternative ratios for student to childcare workers, and the Department shall
approve or disapprove these at its discretion.
Rating: Not Applicable
RESPONSE REQUIRED:
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 38 of 73
No
AREA 11: EDUCATIONAL STAFFING REQUIREMENTS -- PERSONNEL POLICIES,
QUALIFICATIONS, RESPONSIBILITIES
CRITERION
NUMBER
Legal Standard
11.1
Personnel
Policies
28.09(7)
28.09(11)(a)
18.05(11)
The private special education program shall develop written personnel policies and
procedures that describe:
a. Criteria and procedures for hiring, written evaluations, suspension or
dismissal of any staff person; and development of teacher and staff
evaluation forms;
b. Procedures for handling staff complaints;
c. Provisions for vacations, holidays, leaves, sick days, and any other benefits
offered by the program;
d. A plan for using volunteer and/or intern services;
e. Equal employment/educational opportunities/affirmative action in regard to
race, color, creed, national origin, sex, sexual orientation and handicap; and
f. Consistent with state law effective on February 25, 2003, procedures for
accessing, considering and acting upon Criminal Offender Record
Information (CORI), for current and prospective employees, volunteers,
school transportation providers and others who may have direct and
unmonitored contact with students.
[NOTE: For applicants or employees who reside outside of Massachusetts,
approved special education schools should obtain and review criminal
record information from the state of residence of the applicant or employee
on the same basis as it does for applicants and employees who reside in
Massachusetts.]
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead has a policy to conduct a written evaluation for each
staff member after 90 days of initial employment and annually thereafter. An annual evaluation
conducted in the previous 12 months was not found in the sample of personnel files reviewed. The
Personnel Manual does not contain a plan for use of volunteers and interns, although interviews
indicate that these persons are involved with students at Valleyhead. The Personnel Manual does not
contain a policy on conducting CORI checks, although interviews indicate that these are consistently
conducted.
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Page 39 of 73
CRITERION
NUMBER
Legal Standard
11.2
Administrative
Responsibility
The private special education program shall designate one person who will have
administrative responsibility over the operation of the school. Schools with more
than 40 professional licensed staff may have one (or more) assistant
administrator(s) provided the Department approves such positions.
18.05(11)(a)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Comment:
Valleyhead School submitted conflicting information to the Department of Education about the
administrative leadership of its approved program. A narrative provided to the Department states
that the Educational Director has administrative responsibility over the operation of the school.
Review of the organization chart, as well as information gathered from interviews, indicate that that
the Executive Director and Chief Operating Officer have administrative responsibility over the
operation of the school, under the direction of the President and Chief Executive Officer.
CRITERION
NUMBER
Legal Standard
11.3
Educational
Administrator
Qualifications
28.09(7)(a)
603 CMR
44.00 and 44.04
The program shall designate an educational administrator to supervise the
provision of special education services in the school and to ensure that the services
specified in each student’s IEP are delivered. The educational administrator either
shall have licensure as a special education administrator or all of the following:
 A current license as a special educator;
 A minimum of a master's degree in special education or a related field; and
 A minimum of one year of administrative experience.
The educational administrator shall be re-licensed pursuant to the requirements of
603 CMR 44.00.
The educational administrator shall obtain supervisory approval of his/her
Professional Development Plan per 603 CMR 44.04.
Rating: Not Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review and interviews indicate that the position of Educational Administrator is
currently vacant. Valleyhead does not have qualified staff members who can assume the
responsibilities of the Educational Director until this position can be filled.
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Page 40 of 73
CRITERION
NUMBER
Legal Standard
11.4
Teachers
(Special
Education
Teachers and
Regular
Education
Teachers)
28.09(7)(b)(c)
18.05(11)(f)
The private special education program must ensure that all teaching staff have
teaching license (certification) appropriate to meet the needs of the population
being served pursuant to the requirements of 603 CMR 7.00 and, additionally,
must adhere to the following requirements:
a. All teaching staff shall be re-licensed pursuant to the requirements of 603
CMR 44.00 and shall be subject to the same requirements as teachers in
Massachusetts public schools and shall be required to obtain supervisor
approval of Professional Development Plans pursuant to 603 CMR 44.04.
b. At least half of the teaching staff shall be licensed in special
education areas appropriate to the population served at the school; other
teaching staff shall be licensed in other educational areas, in order to
provide for content expertise in the general curriculum. The Department
of Education may require a higher proportion of licensed special
educators if, in the opinion of the Department, the population requires
more specialized services.
c. To the extent that teaching staff is providing special education services,
such services shall be provided, designed, or supervised by a special
educator.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation and personnel record as well as interviews indicate that not all of the school’s seven
teachers has a license to teach the subject they are teaching. Fifty percent of teachers do not have a
current license or waiver in special education. Interviews indicate that teaching staff members do not
understand procedures to maintain their teaching licensing or waiver.
CRITERION
NUMBER
Legal Standard
11.4(a)
Professional
Development
Plans
All licensed teaching staff holding professional licensure shall be required to obtain
supervisor approval of Professional Development Plans pursuant to 603 CMR 44.04.
28.09(7)(b)(c)
18.05(11)(f)
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Page 41 of 73
CRITERION
NUMBER
Legal Standard
Rating: Not Applicable
RESPONSE REQUIRED:
No
Department of Education Findings:
Documentation review and interviews indicate that Valleyhead School does not currently employ
teachers who hold a professional level license.
CRITERION
NUMBER
Legal Standard
11.5
Related
Services Staff
28.09(7)(d)
All staff providing or supervising the provision of related services shall be
appropriately certified, licensed or registered by their respective state boards or
professional associations and the Department of Education, when appropriate.
Rating: Not Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Valleyhead School did not submit a copy of a current license for all related services providers.
CRITERION
NUMBER
Legal Standard
11.6
Master Staff
Roster
28.09(7)
The private special education program maintains a master list of ALL staff for every
position within the program. This list must include job titles along with their
corresponding UFR title numbers for private programs, staff qualifications, and fulltime equivalents (FTE’s) for public and private programs. This list may include, but
is not limited to:
 Administrators
 Special education teachers
 General education teachers
 Related services professional staff
 Registered Nurse
 Direct (child) care workers
 Direct (child) care supervisors
 Clerical and maintenance staff
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 42 of 73




Psychologist
Social worker
Food service staff
Consultants
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
The public/private special education program has written job descriptions for all staff
positions that shall be made available to staff as well as parents, if requested.
11.7
Job
Descriptions
18.05(11)(d)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
The program shall establish in writing a salary range including benefits covering all
positions and shall inform each employee of the same for his/her position.
11.8
Salary
Ranges
18.05(11)(e)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
11.9
Organization
al Structure
The program shall demonstrate that its organizational structure provides for the
effective and efficient operation of the school, supervision of school staff, and
supervision of students.
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 43 of 73
CRITERION
NUMBER
Legal Standard
28.09(7)
28.07(c)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
The organizational structure of Valleyhead School does not provide for the effective communication of
among the educational, clinical and residential components of the program and the agency is not
staffing the program as it was approved by the Department of Education. The position of Education
Administrator is vacant and appropriate supervision of teachers and the educational program is not
provided by qualified persons. Documentation review and interviews indicate that teacher assistants
are supervised by the residential director on the main campus and by the Program Director at The
Farm. Also, the residential director does not supervise residential staff at The Farm. There is a
Program Director at The Farm, but no equivalent position at the main campus. The Organizational
Chart includes a position for residential coordinator, but this position was not referred to by staff in
interviews. Information on important changes to student medications is not effectively communicated
from clinical staff to educational and residential staff members
CRITERION
NUMBER
Legal Standard
11.10
Supervision of
Child Care
Workers (Direct
Care Staff)
Each program shall provide ongoing and regular supervision of all childcare
workers by a professional staff person who has supervisory and administrative
responsibility within the school.
18.03(4)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
11.11
Supervision of
The program shall develop and implement a detailed plan that describes how
appropriate supervision is provided to students while they are engaged in any
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Page 44 of 73
CRITERION
NUMBER
Legal Standard
school-related activity on and off school grounds.
This plan must include arrangements for individual and group recreational
programs appropriate to the age, interests, and needs of each student with
assigned staff as appropriate.
Students
28.09(7)
18.03(1)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead’s policy on Off-Ground Trips states that two staff
members must accompany a resident. Interviews indicate that this staff to student ratio is often not
implemented when students participate in activities in the community.
CRITERION
NUMBER
Legal Standard
11.12
Accessibility of
Extracurricular
Activities
Title VI: 42
U.S.C. 2000d; 34
CFR 100.3(a),
(b); Title IX: 20
U.S.C. 1681; 34
CFR 106.31,
106.41; Section
504: 29 U.S.C.
794; 34 CFR
104.4,104.37(a),
(c); Title II: 42
U.S.C. 12132; 28
CFR 35.130;
NCLB: Title X,
Part C, Sec. 721;
Mass. Const.
amend. art 114;
M.G.L. c. 76, s.
5; 603 CMR
26.06
Extracurricular activities sponsored by the private special education program are
nondiscriminatory in that:
 The school provides equal opportunity for all students to participate in
intramural and interscholastic sports
 Extracurricular activities or clubs sponsored by the school do not
exclude students on the basis of race, sex, color, religion, national origin,
sexual orientation, disability, or homelessness
Rating: Implemented
RESPONSE REQUIRED:
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 45 of 73
No
CRITERION
NUMBER
Legal Standard
11.13
Plan for Staff
Coverage
Each program must provide a detailed description of how the school will provide
childcare and/or overall staff coverage in the absence of workers due to illness,
staff vacancies, emergencies, or other unexpected circumstances.
18.03(1)(b)4
Rating: Implemented
RESPONSE REQUIRED:
No
AREA 12: EDUCATIONAL STAFFING REQUIREMENTS -- STAFF TRAINING
CRITERION
NUMBER
Legal Standard
12.1
Staff
Orientation
Training
The private special education program develops a written plan for staff orientation
and provides an orientation-training program for all new staff to ensure an
understanding of the school’s philosophy, organization, program, practices and
goals.
18.05(11)(g)
The written plan shall describe how newly hired staff are provided training on all
required topics at the time of hire if the required topics have already been covered
with existing staff.
*New staff may not be assigned direct care duties with students until they have
participated in all mandated training through their orientation program.
Rating: Implemented
RESPONSE REQUIRED:
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 46 of 73
No
CRITERION
NUMBER
Legal Standard
12.2
Annual InService
Training
Plan and
Calendar
The private special education program develops and implements a written plan for
staff orientation and training that is consistent with the needs of the student
population, appropriate to the role of each staff member and provides, on average, at
least two (2) hours per month of relevant training for all staff including nonprofessional staff (child care workers/direct care staff on all shifts). Staff input on
training needs is elicited and considered.
28.09(7)(f)
18.05(11)(h)
The following topics are required in-service training topics and must be offered
annually to all staff providing direct care services to students:
a. Reporting abuse and neglect of students to the Department of Social
Services (51-A) and/or the Disabled Persons Protection Commission;
b. Emergency first aid training by a certified instructor and, where specifically
required by the Department of Education, certification in CPR;
c. Medication administration (including, but not limited to, administration of
antipsychotic medications and discussions of medications students are
currently taking and their possible side effects);
d. Runaway policy;
e. Transportation safety (if applicable);
f. Student record policies and confidentiality issues;
g. Evacuation policies and emergency procedures including, but not limited to,
utilization of the alarm system, evacuations in instances of fire or natural
disaster;
h. Behavior management policies and procedures used by the program such as
positive reinforcement, point/level systems, token economies, time-out
procedures;
i. Restraint procedures including de-escalation methods used by the program;
j. Curriculum alignment with the Massachusetts Curriculum Frameworks;
k. Procedures for inclusion of all students in MCAS testing and/or alternate
assessments; and
l. Civil rights responsibilities.
Title VI: 42
U.S.C. 2000d;
34 CFR
100.3;
EEOA: 20
U.S.C.
1703(f); Title
IX: 20 U.S.C.
1681; 34 CFR
106.31106.42;
M.G.L. c. 76,
s. 5; 603
CMR 26.00,
esp. 26.07(2),
(3)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Valleyhead School did not submit a yearly schedule for provision of mandated trainings. This was
also a finding at the time of the 2001 Program Review. Personnel record review indicates that
training in first aid, CPR, restraint, behavior management, curriculum frameworks and MCAS are
documented, but documentation of annual trainings on other required topics were rarely found and all
staff are not receiving at least 24 hours of training per year.
Massachusetts Department of Education – Program Quality Assurance Services
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Page 47 of 73
CRITERION
NUMBER
Legal Standard
12.2 (a)
Details
Behavior
Management
and Restraint
Training
28.09(11)
18.05(5)
Training on behavior management and suspension and termination procedures
includes:
a. Program’s student conduct/discipline code
b. Description of safeguards for students’ emotional, physical, and
psychological well-being
c. Policies on use of time-out procedures
d. Techniques for dealing with disruptive and violent behavior including skill
training on the proper use of non-violent restraint
e. Detailed procedures pertaining to the use of any type of restraint, which must
meet or exceed any requirements in applicable state regulations or policy *
f. Procedures for obtaining and recording data regarding student discipline and
behavior along with a description of how such data will be integrated into
IEP Team discussions
g. Procedures for obtaining parental consent, if appropriate
*NOTE: OCCS residential regulations on behavior management, including restraint and timeout, are found at 102 CMR 3.07(7). The provisions relating to restraint are expanded in
EOHHS/OCCS’s “Guidelines for Physical Restraint” issued 1/11/00. DMH regulations
regarding restraint may apply to schools serving DMH clients. DOE Regulations on the Use
of Restraints in Publicly Funded Education Programs [603 CMR Section 46.00] apply to a
private day programs approved by the Department of Education where such program does not
hold the approval of the Department of Education as a residential school.)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
12.2 (b)
Child Abuse
Reporting
18.05(9)(j)
The program has written procedures and staff training for the reporting of suspected
child/student abuse or neglect to the Department of Social Services (MGL c.119, s.
51A) and the Disabled Persons Protection Commission (MGL c. 19C). Such
procedures include notification to the Department of Education when a report is filed
against the program or its employee(s).
Rating: Implemented
RESPONSE REQUIRED:
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 48 of 73
No
CRITERION
NUMBER
Legal Standard
The program shall develop written policies and procedures for annual
basic/emergency first aid training for all direct care staff. Where specifically
required by the Department of Education, direct care personnel maintain appropriate
CPR certification.
12.2(c)
Details
CPR
Certification
and
Emergency
First Aid
Training
18.05(9)(e)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Valleyhead did not submit a list of direct care personnel, updated annually, which includes the date
and location for CPR and first aid training or the name and qualification of the trainer. Interviews
and personnel record review indicate that staff members hold current first aid and CPR licenses.
CRITERION
NUMBER
Legal Standard
12.2(d)
Details
Medication
Training
18.05(9)(f)(3)
(c)
Training by a physician or registered nurse shall be given to all staff who provide
care and instruction to students receiving medication.
The training shall include the nature of a medication, potential side effects and any
special precautions or requirements.
(Note: See requirements for health care manual, which must include policies and
procedures on medication administration.)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead School has a policy on medication administration
that meets Department of Education standards; however interviews indicate that staff members do not
receive refresher training in administration of medication by a registered nurse or physician.
Interviews indicate that Valleyhead School has not developed a method to immediately inform all
residential, education and clinical staff of medication changes and potential side effects to be
monitored and reported.
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Page 49 of 73
CRITERION
NUMBER
Legal Standard
The private special education program shall train staff to keep current and complete
files for each publicly funded enrolled student and shall train staff to manage such
files consistent with the Massachusetts Student Record Regulations (603 CMR
23.00) and MGL c.71, s.34H.
12.2(e)
Student
Record
Training
28.09(10)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
All staff shall be trained relative to emergency procedures, evacuation policies and
procedures and in the use of the alarm system and equipment such as fire
extinguishers.
12.2(f)
Emergency
Procedures
Training
18.05(10)
The program shall conduct at least two evacuation drills per shift at each location
annually (including all day programs, and residences in the evening and overnight)
to ensure that all students are able to leave the building safely. In addition, the
program shall:
a. Help all students to understand the nature of the drills
b. Make special provisions for the evacuation of any mobility-impaired
student in the facility
c. Keep a written log of each evacuation drill which includes date, time
elapsed, participants (students and staff), witnesses, etc.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
12.2(g)
Interns and
Volunteers
If applicable, the training plan includes provisions for the orientation, training and
supervision of interns, volunteers or others who work at the program.
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Page 50 of 73
CRITERION
NUMBER
Legal Standard
Training
18.05(11)(i)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Valleyhead School has not developed a written plan on the orientation, training and supervision of
interns and volunteers. Interviews indicate that the school does have volunteers and interns who
participate in the program.
CRITERION
NUMBER
Legal Standard
12.2(h)
Child Care
Staff
Development
and Training
The private special education program shall develop and implement with staff input
a detailed written plan for staff development and in-service training of all childcare
workers.
18.03(3)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Personnel record review indicates that child care workers on all shifts are not receiving training in
mandated topics.
CRITERION
NUMBER
Legal Standard
Written performance evaluations shall be scheduled and maintained for all staff as
outlined in the program’s Personnel Policy and Procedures Manual.
12.2 (i)
Staff
Evaluations
18.05(11)(c)1
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Page 51 of 73
CRITERION
NUMBER
Legal Standard
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that a written policy for performance evaluations requires that they
be conducted 90 days after initial hire and annually thereafter, but performance evaluations have not
been conducted in the previous 12 months.
AREA 13: PHYSICAL FACILITY AND EQUIPMENT REQUIREMENTS
CRITERION
NUMBER
Legal Standard
13.1
Educational
Facilities and
Materials
28.09(8)
The private special education program shall provide the facilities, textbooks,
equipment, technology, materials and supplies needed to provide the special
education and related services specified on the IEP’s of enrolled students. If
specialized materials or equipment are needed solely for an individual student, the
program may enter into an agreement for the provision of such materials or
equipment by the school district enrolling the student.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
13.2
Description of
Physical
Facility
28.09 (8)
18.04
A narrative description and floor plans of all buildings for each school and/or
program (including residences) are provided, including number of floors, room
numbers, types and sizes of rooms (i.e. classrooms, time-out rooms, counselingtherapy rooms, tutorial rooms, physical education facilities and other specialized
service delivery spaces for school buildings, bedrooms, bathrooms, kitchen area,
dining area, and living areas for residences).
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CRITERION
NUMBER
Legal Standard
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
13.3
Comparability
of Facilities
Title VI: 42
U.S.C. 2000d;
34CFR
100.3(b)(2);
Title IX: 20
U.S.C. 1681;
34CFR
106.33,106.40
(b)(3);
Section504:
29]U.S.C. 794;
34CFR
104.34(c);
Mass. Const.
amend. art.
114; 603 CMR
28.03(1)(b)
Where the private special education program provides separate facilities for
members of a specific group, those facilities are comparable to those offered other
students in the program, including:
 Separate facilities for disabled, limited English proficient or pregnant
students that are comparable to the facilities for other students in the
program; and
 Separate toilet, locker room, and shower facilities for students of one
gender that are comparable in size, condition, number and location to those
provided to students of the other gender.
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
13.4
Physical
Facility/Archi
tectural
Barriers
The private special education program shall assure that students with limited
mobility have access, free from barriers to their mobility, to those areas of the school
buildings and grounds to which such access is necessary for the implementation of
the IEPs for such students. All schools receiving federal funds shall meet the
requirements of Section 504 of the Rehabilitation Act of 1973.
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CRITERION
NUMBER
Legal Standard
18.04(8)
Section 504:
29 U.S.C.
794; 34 CFR
104.21,104.22
; Title II: 42
U.S.C. 12132;
28 CFR
5.149, 35.150;
Mass. Const.
amend. art.
114
If any part of the program is not accessible to students with limited physical
mobility, a plan and timetable is provided that describes how the school will make
all programs and appropriate buildings accessible.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Observation indicates that Valleyhead School does not have a residence building on The Farm or the
main campus that is fully handicapped accessible. Documentation review indicates that Anderson
House, a former residential building, is being renovated and will contain a residence that is fully
handicapped accessible. The written plan to provide access to all educational programs for a student
with limited physical mobility is to relocate classes to a location that has handicapped accessibility to
classes, but does not have an accessible bathroom.
CRITERION
NUMBER
Legal Standard
13.5
Kitchen,
Dining,
Bathing/
Toilet and
Living Areas
18.04(2),(3),
(4),(5)
The private special education program shall ensure that all kitchen, dining,
bathing/toilet and living areas are of an adequate type, size and design appropriate to
the ages and needs of the students. The program shall also:
a. Maintain areas which are clean, well ventilated and free from hazards;
b. Provide students with equipment, supplies and materials (e.g. kitchen
equipment, dining utensils, toilets, sinks, individual furniture and storage
space) which are clean, safe and appropriate to the ages and needs of the
students;
c. Design all living areas to simulate the functional arrangements of a home
and to encourage a personalized atmosphere for small groups of students,
unless the school can justify that another arrangement is necessary to serve
the particular needs of the students enrolled in the school; and
d. Post a list of student food allergies in all appropriate areas of the residence.
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CRITERION
NUMBER
Legal Standard
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Observation indicates that one residence on the main campus had holes in doors and walls as well as
missing floor tiles. Common living area spaces in all residences are small for the number of students.
CRITERION
NUMBER
Legal Standard
Each room or area that is utilized for the instruction of students shall be adequate
with respect to the number of students, size and age of students and students’
specific educational needs, physical capabilities and educational/vocational
activities.
13.6
Classroom
Space
18.04(6)(a)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Observation indicates that classroom spaces are not adequate in size at the Comprehensive High
School in Coach House or at The Farm. Classrooms at the Coach House have 8 students with 3-4
staff members. The classroom at The Farm had 12 students with 3-4 staff members. High school
classrooms are designed to have 5 students with one teacher, but in the summer months classes were
observed to have eight students with 2 teachers; classroom size is not adequate for this number of
people. Observation indicated that the classroom in the Coach House is not safe and appropriate for
instruction because of holes in the wall and the floor under a student’s chair.
CRITERION
NUMBER
Legal Standard
13.7
Library/
Resource
Room
In addition to the regular instructional area, the school shall have a library or
resource room (or comparable instructional resource area approved by the
Department of Education) that contains a variety of materials appropriate to the age
and abilities of the students enrolled.
18.04(6)(b)
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Page 55 of 73
CRITERION
NUMBER
Legal Standard
Rating: Not Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead School was cited six years ago during the 2001
Program Review for the lack of designated library and resource space. The school was again cited by
the Department of Education at the time of the 2004 Mid-cycle for not implementing its approved
corrective action plan to develop a library and resource space. In June 2006, the Department of
Education conducted an onsite visit and notified the school that no progress had been made in the
establishment of a library. Although documentation submitted to the Department of Education for this
review states that the development of the library is underway, observation of the library space
indicates that it is currently an empty room without furniture or materials.
CRITERION
NUMBER
Legal Standard
13.8
Indoor Space
18.04(7)(a)
The school shall have a minimum of thirty-five (35) square feet of activity space per
student exclusive of hallways, lockers, toilet rooms, isolation rooms, kitchen, closets,
offices or areas regularly used for other purposes.
Additionally, all programs must:
a. Ensure that all areas, including but not limited to, floors, ceilings and walls,
are clean, well maintained and free from safety hazards;
b. Protect all steam and hot water pipes by permanent screen guards,
insulations, or any other suitable device which prevents students from
coming in contact with them;
c. Maintain room temperatures at not less than 68 degrees Fahrenheit at zero
Fahrenheit outside and at not more than the outside temperature when the
outside temperature is above 80 degrees Fahrenheit; and
d. Designate space separate from classroom areas for administrative duties and
staff or parent conferences.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Observation indicates that there are holes in the walls and floor of the classroom in Coach House and
the Stow House residence has holes in doors and walls as well as broken floor tiles. Room
temperatures were observed to be in access of 80 degrees at the time of the review. Each residence at
the main campus had one window air conditioner for the living room area, but this was not adequate
to cool student bedrooms. At The Farm, one window air conditioner in the dining area was not
adequate to cool the entire building. Review of the job description for maintenance staff and
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interviews indicate that Valleyhead School does not employ staff members to maintain the cleanliness
of interior spaces of its facilities. Teaching, administrative staff and students are required to clean
interior spaces, maintain supplies and remove trash. Observation confirms that spaces are not
adequately clean and trash is not regularly removed.
CRITERION
NUMBER
Legal Standard
13.9 Outdoor
Space
The school shall maintain or have access to an outdoor play area of at least seventyfive square feet per student using it at any one time.
18.04(7)(b)
Outdoor play areas shall be accessible to direct sunlight and free from hazards and/or
harsh or abrasive materials. If adjacent to a highway or other dangerous area, it shall
be fenced with a non-climbable barrier at least five feet high.
Rating: Implemented
RESPONSE REQUIRED:
No
AREA 14: REQUIREMENTS FOR DAILY CARE
CRITERION
NUMBER
Legal Standard
14.1
Clothing,
Grooming
and Hygiene
The school shall make provisions with parents or, where appropriate, state agencies
to assure that all students are provided with clean, appropriate and seasonal clothing
as well as with personal grooming and hygiene articles and materials necessary to
meet his/her individual needs.
18.03(5)
Rating: Implemented
RESPONSE REQUIRED:
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Page 57 of 73
No
CRITERION
NUMBER
Legal Standard
The school’s staff shall understand the nutritional requirements of the students
enrolled and provide an appropriate number of meals daily (three meals daily for
residential programs), at reasonably appropriate times, which constitute a
nutritionally adequate diet.
14.2
Food and
Nutrition
18.03(7)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
14.3
Toileting
Procedures
and
Individual
Plans
The private special education program shall develop and implement a written plan
describing required procedures including regular toileting and diapering, disposal or
laundering of soiled clothing or diapers and protecting the personal privacy of all
students.
Toilet training plans based on parental input, the IEP and the student’s physical and
emotional abilities.
18.03(8)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead School does not have students enrolled who require
toileting plans. Student record review and interviews indicate that a number of students have enuresis
and encopresis, but no written plans have been developed for these students.
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AREA 15: PARENT AND STUDENT INVOLVEMENT
CRITERION
NUMBER
Legal Standard
15.1
Parental
Involvement
and Parents’
Advisory
Group
The private special education program shall have a written plan for involving parents
and shall have a Parents’ Advisory Group that shall advise the school on matters that
pertain to the education, health and safety of the students in the program.
The program shall designate a staff person to support the Parents’ Advisory Group.
18.05(4)(a)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review and interviews indicate that Valleyhead School has not developed a written
plan for parent involvement or a parent advisory group. It has an Advisory Board that includes a
parent as a member, but no parent advisory group. Interviews indicate that clinical staff at
Valleyhead School work very diligently to identify a family member as a contact person for each
student enrolled, especially for the many students who have parents who have terminated parental
rights.
CRITERION
NUMBER
Legal Standard
15.2
Orientation
Procedures
28.09(11)
The school shall develop and implement orientation procedures for parents and
students upon student admission to the program.
Rating: Implemented
RESPONSE REQUIRED:
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Page 59 of 73
No
CRITERION
NUMBER
Legal Standard
When students have parents or guardians with limited English language skills, the
private special education program ensures that general announcements and notices of
extracurricular activities and other opportunities are distributed to them in the
primary language of the home.
15.3
Information
to be
translated
into
Languages
other than
English
Title VI;
EEOA: 20
U.S.C.
1703(f);
M.G.L. c. 76,
s. 5; 603
CMR
26.02(2)
Rating: Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review and interviews indicate that at this time Valleyhead Residential School does
not have students enrolled or parents of students who have limited English language skills.
Valleyhead submitted a written plan that does not include the name and job description of the staff
person responsible for distribution of translated materials if this is required in the future.
CRITERION
NUMBER
Legal Standard
15.4
Change of
Student’s
Legal Status
18.05(4)(b)
The school shall have procedures for assuring that it is informed by a parent or
guardian of any changes in a student’s legal status, and of the results of all judicial
and administrative proceedings concerning the student.
The school shall have written procedures for disseminating this information to
appropriate personnel.
Rating: Implemented
RESPONSE REQUIRED:
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Page 60 of 73
No
CRITERION
NUMBER
Legal Standard
The program shall notify the placing school district when multiple efforts have been
made, yet have failed to involve the parent and obtain necessary parental consent.
15.5
Parent
Consent
Matters requiring annual parental consent include, but are not limited to, the
following:
a. In coordination with responsible school districts, IEP-related matters
b. Emergency medical care
c. Medications
d. Restraints
e. Publicity, research, evaluation
f. Field trips
g. In coordination with responsible school districts, the Parental Notification
Law pursuant to Chapter 71, Section 32A concerning curriculum that
primarily involves human sexual education or human sexuality issues
28.07(1)(b)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation and student record review indicates that consent forms are signed and received at the
time of admissions and not updated annually. A copy of the parental notification of curriculum
concerning human sexual education or human was not submitted to the Department of Education or
found in student records.
CRITERION
NUMBER
Legal Standard
15.6
Student
Involvement
34CFR
300.344
The program shall collaborate with the placing school district to ensure student
participation in Team meetings where required by law and if appropriate. If the
student does not attend the IEP meeting, steps are taken to ensure that the student’s
preferences and interests are considered.
Rating: Implemented
RESPONSE REQUIRED:
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Page 61 of 73
Yes
CRITERION
NUMBER
Legal Standard
One year prior to the student’s reaching age eighteen, the program works
collaboratively with the responsible school district to ensure consent is obtained
from the student to continue the special education program upon turning age
eighteen, or to ensure that another mechanism is in place to obtain consent, i.e.:
 The parent or other legally eligible party has petitioned and been appointed
guardian by a court of competent jurisdiction
 The student chooses to share decision-making with his or her parent
 The student chooses to delegate continued decision-making to his or her
parent or other willing adult
15.7
Consent at
Age of
Majority
28.07(5)
(See also Criterion 15.3.)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
15.8
Registering
Complaints
18.05(1)(b)16
Title IX: 20
U.S.C. 1681;
34 CFR 106.8;
Section 504:
29 U.S.C. 794;
34 CFR 104.7;
Title II: 42
U.S.C. 12132;
28 CFR
35.107;
NCLB: Title
X, Part C,
Sec.
722(g)(1)(J)(ii)
The private special education program shall develop and make available to parents
and students a set of written procedures that may be used to register complaints
regarding the student’s education and care at the school.
The private special education program must also adopt and publish grievance
procedures for students and for employees providing for prompt and equitable
resolution of complaints alleging discrimination based on sex or disability.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead Residential School has developed three separate
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Page 62 of 73
complaint procedures for students, staff and parents. The complaint procedure for student only
references discrimination. Interviews indicates that there is a complaint procedure in place for
students to address other concerns about the program, but staff members were not able to articulate
the details of procedures to review and address these concerns, including where this is documented
and how issues are resolved. These student grievance procedures were not described in a written
plan to the Department of Education.
AREA 16: HEALTH AND MEDICAL SERVICES
CRITERION
NUMBER
Legal Standard
The school shall have a comprehensive, written health care policies and procedures
manual that clearly describes provisions made for medical, nursing and infirmary
care of students. This manual must be approved by a licensed physician, include all
applicable policies and procedures, and be made available to staff.
16.1
Health care
Policy and
Procedure
Manual
18.05(9)(d)
18.05(9)(c)
Rating: Implemented
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
16.2
Physician
Consultation
The school shall secure the services of a licensed physician available for
consultation.
18.05(9)(a)
Rating: Implemented
RESPONSE REQUIRED:
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Page 63 of 73
No
CRITERION
NUMBER
Legal Standard
16.3
Nursing
The school shall secure the services of a registered nurse or a licensed practical nurse
available as deemed necessary by the Department depending upon the health care
needs of the school population.
18.05(9)(b)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review and interviews indicate that Valleyhead School’s plan for provision of nursing
services is not sufficient to meet the needs of students enrolled. The school does not have a registered
nurse on staff. Interviews indicate that nursing staff members do not have contact with the consulting
registered nurse.
CRITERION
NUMBER
Legal Standard
16.4
Emergency
First Aid
18.05(9)(e)
The school shall have written policies and procedures for emergency first aid and
care including:
a. Training of all direct service staff by a certified instructor in emergency first
aid;
b. Secure storage of adequate first aid supplies, including but not limited to
bandages, body substance isolation gloves, gauze, adhesive tape, hydrogen
peroxide or other cleaning solutions, and ipecac.
c. Storage of and easy access to first aid supplies and health care policies and
procedures in major activities areas;
d. Posting of telephone numbers for the fire department, police station, poison
prevention center, hospital emergency room and ambulance service serving
the school in living quarters and educational facilities;
e. Procedures to be followed in the case of illness or emergency such as motor
vehicle accident, including methods of transportation and notification of
parents;
f. Procedures to be followed in the case of fire or other emergency;
g. Procedures for informing parents of any medical care administered to their
child or of any injury or illness that requires care other than basic first aid;
and
h. Procedures to be followed in the case of illness or emergency if parents
cannot be reached.
Rating: Partially Implemented
RESPONSE REQUIRED:
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Page 64 of 73
Yes
Department of Education Findings:
Review of the Health Care Manual indicates that all policies listed above do not contain details
required, with the exception of the policies on training in emergency first aid and informing parents of
their child’s injury or illness. Interviews indicate that staff members responsible for maintaining
contents of first aid kits were not aware of locations where first aid kits can be found other than at the
nurses station.
CRITERION
NUMBER
Legal Standard
16.5
Administration
of Medication
18.05(9)(f)
The school has developed and implements written policies and procedures
regarding the administration of medication including, but not limited to, the
following:
a.
No medication is administered to a student without written authorization
from a parent. Such authorization shall be renewed annually.
b. No prescription medication shall be administered to a student without the
written order of the physician prescribing the medication to that student.
c. The school maintains written policies and procedures regarding
prescription and administration of medication including authorization,
prepackaging and staff training.
d. Any change of medication or dosage must be authorized by a new order
from a physician.
e. A written record of the administration of prescribed medication to
students shall be maintained. Such a record documents the side effects of
medication and includes notification to attending physicians of changes in
the student's behavior or health that may result from medication.
f. All medicine shall be kept in a locked, secure cabinet and labeled with the
student's name, the name of the drug and the directions for its
administration.
g. The school shall dispose of or return to the parents any unused
medication.
h. Medications must be delivered to the school by a responsible adult in a
container labeled by the physician or pharmacist.
i. Provisions must be made for refrigeration of medications, when
necessary.
j. The school shall have a written policy regarding the amount of
medication to be kept on the premises at any one time for each student
receiving medication.
k. A review of medications administered to a student shall be incorporated
into all progress reviews conducted for the student.
Rating: Partially Implemented
RESPONSE REQUIRED:
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Page 65 of 73
Yes
Department of Education Findings:
Review of the Health Care Manual indicates that the private school’s policy on administration of
medication indicates that it does not include the following:
 Written parental authorization for medication administration is updated annually
 Procedures regarding prescription and administration of medication including authorization
and prepackaging
 Any change of medication or dosage must be authorized by a new order from a physician
 Written record of the administration of prescribed medication to students shall be maintained
that documents the side effects of medication and includes notification to attending physicians
of changes in the student's behavior or health that may result from medication
 Disposal of, or return to the parents, any unused medication
 Medicine shall labeled with the directions for its administration
 Medications must be delivered to the school by a responsible adult in a container labeled by
the physician or pharmacist
 Review of medications shall be incorporated into all progress reviews of the student
CRITERION
NUMBER
Legal Standard
16.6
Administration
of
Antipsychotic
Medication
18.05(9)(f)(9)
The school shall not administer or arrange for the administration of antipsychotic
medication (drugs used in treating psychoses and alleviating psychotic states)
except under the following circumstances:
a. Antipsychotic medication shall be prescribed by a licensed physician for
the diagnosis, treatment and care of the child and only after review of the
student's medical record and actual observation of the student.
b. The prescribing physician shall submit a written report to the school
detailing the necessity for the medication, staff monitoring requirements,
potential side effects that may or may not require medical attention and
the next scheduled clinical meeting or series of meetings with the student.
c. No antipsychotic prescription shall be administered for a period longer
than is medically necessary and students on antipsychotic medication
must be carefully monitored by a physician.
d. Staff providing care to a student receiving antipsychotic medication shall
be instructed regarding the nature of the medication, potential side effects
that may or may not require medical attention and required monitoring or
special precautions, if any.
e. Except in an emergency, as defined in 18.05 (9)(g), the school shall
neither administer nor arrange for the prescription and administration of
antipsychotic medication unless informed written consent is obtained. If
a student is in the custody of his/her parent(s), parental consent (in writing
or in a witnessed conversation) is required. Parental consent may be
revoked at any time unless subject to any court order. If the parent does
not consent or is not available to give consent, the referral source shall be
notified and judicial approval shall be sought. If a student is in the
custody of a person other than the parent, a placement agency or an outof-state public or private agency, the referral source shall be notified and
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CRITERION
NUMBER
Legal Standard
f.
g.
judicial approval shall be sought.
In an emergency situation, antipsychotic medication may be administered
for treatment purposes without parental consent or prior judicial approval
if an unforeseen combination of circumstances or the resulting state calls
for immediate action and there is no less intrusive alternative to the
medication. The treating physician must determine that medication is
necessary to prevent the immediate substantial and irreversible
deterioration of a serious mental illness. If the treating physician
determines that medication should continue, informed consent or judicial
approval must be obtained as required by 18.05(9)(e).
The school shall inform a student twelve years of age and older,
consistent with the student's capacity to understand, about the treatment,
risks and potential side effects of such medication. The school shall
specify and follow procedures if the student refuses to consent to
administration of the medication.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Review of the Health Care Manual indicates that the private school’s policy on administration of
antipsychotic medication does include details of the required elements above. This policy states that
staff members are trained to monitor potential side effects of medications students are taking, but
interviews indicate that Valleyhead has not implemented procedures that ensure the that side effects
are efficiently and effectively monitored.
CRITERION
NUMBER
Legal Standard
16.7
Preventive
Health Care
18.05
(9)(f)(9)(h)
The school shall develop and implement a written plan for the preventive health care
of students that includes, but is not limited to the following:
a. Provisions for each student to receive an annual comprehensive medical and
dental examination;
b. Vision, hearing, postural and other required screenings conducted in
accordance with M.G.L. c. 71 s. 57;
c. Provisions ensuring that all students are immunized as required by the
Department of Public Health;
d. Procedures for communicable disease notification and prevention of
students and staff;
e. A student or staff member who has a reported communicable disease shall
be authorized by a physician to continue to be present within the school; the
school shall notify all parents and referring agencies of the reported
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CRITERION
NUMBER
Legal Standard
f.
g.
h.
i.
communicable disease within the school.
Provision of a locked, secure cabinet to keep all toxic substances,
medications, sharp objects and matches out of the reach of students;
Medications and medical supplies are not locked in the same cabinet as
other toxic substances. Toxic substances are labeled with contents and
antidote and the phone number for the nearest poison center is posted
clearly.
Provisions of family planning information, subject to any applicable state or
federal legislation; and
Procedures for protecting students from exposure to foods, chemicals, or
other materials to which they are allergic.
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Review of the Health Care Manual indicates that at the time of admissions, students have a
comprehensive medical and dental examination that includes vision, hearing, postural and other
required screenings and immunizations, but it does not state that the private school will ensure that
checkups are provided annually for enrolled students. Information on handling of toxic substances
was also not found.
CRITERION
NUMBER
Legal Standard
16.8
Receipt of
Medical
TreatmentReligious
Beliefs
In the absence of an emergency or epidemic of disease declared by the Department
of Public Health, the school shall not require any student to receive medical
treatment when the parents object thereto on the ground that such treatment conflicts
with a religious belief.
18.05(9)(k)
Rating: Implemented
RESPONSE REQUIRED:
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Page 68 of 73
No
CRITERION
NUMBER
Legal Standard
16.9
Students with
Comfort
Care/Do Not
Resuscitate
Orders
The private special education school program develops a policy on the care of a child
with a DNR order. Special consideration must be given to meeting child and family
needs as well as the students and staff.
Rating: Reserved
RESPONSE REQUIRED:
No
CRITERION
NUMBER
Legal Standard
16.10
Meningococc
al Disease
and
Vaccination
MGL,
Chapter 76,
s.15D
105 CMR
220.700
All new students at private residential schools that provide education to students in
grades 9-12 must:
 Receive information about meningococcal disease and vaccine; and
 Provide documentation of receipt of one (1) dose of meningococcal vaccine
within the last five years or qualify for one of the exemptions to
immunization established by the statute.
Rating: Implemented
RESPONSE REQUIRED:
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 69 of 73
No
AREA 17: TRANSPORTATION SAFETY
CRITERION
NUMBER
Legal Standard
17.1
Transportation Safety
The program develops transportation procedures that ensure that vehicles are safe,
insured, and operated by qualified and trained individuals, and that students are
transported in a safe manner that is responsive to individual students’ needs and
provisions of their IEPs. In the event of a motor vehicle accident, parents, school
districts, human service agencies, and the Department of Education are notified
immediately.
The school ensures that any person who is responsible for operating a vehicle owned
or contracted for by the school which carries students shall receive in-service
training on overall transportation safety and the individual needs of the students they
transport.
28.09(11)(b)
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Documentation review indicates that Valleyhead Residential School does not have detailed
procedures for staff members to follow when transporting students.
AREA 18: STUDENT RECORDS
CRITERION
NUMBER
Legal Standard
18.1
Student
Records
Approved special education schools shall keep current and complete files for each
publicly funded enrolled Massachusetts student and shall maintain such files
consistent with the Massachusetts Student Record Regulations (603 CMR 23.00) and
MGL c. 71, s.34H.
28.09(10)
Rating: Implemented
RESPONSE REQUIRED:
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 70 of 73
No
CRITERION
NUMBER
Legal Standard
18.2
Student
Records
(Log of access
and face
sheet
information)
28.09(10)
Student records shall be legibly dated and signed by persons making entries.
Individual access logs shall be maintained for each record. All records must contain:
a. Log of access consistent with requirements of the Massachusetts Student
Record Regulations
b. Face sheets updated at least annually with the following information:
o Name
o Date of birth
o Recent picture
o Date of admission to private school
o Name of educational case manager assigned by the public/ private
school program
o Location of residential service within facility (if applicable), and name
of residential case manager or supervisor
o Date initially eligible for special education (if known)
o Date of most recent special education evaluation(s)
o Date of next expected 3-year reevaluation
o Starting and expiration dates of current (or most recent) IEP
o Primary language of student
o Legal status of student
o If under 18: in custody of both parents, one parent [specify], legal
guardian [specify], other [specify]
o If 18 or over: makes own decisions; under legal guardianship
[specify]; has shared role with parent in education decisions [specify]
o Other state agency/ies involved with student
o Parent/guardian contact information: names, addresses, home & work
telephone numbers, e-mails
o Primary language of parents/guardian
o Contact information of persons other than parents to be contacted in an
emergency (names, addresses, telephone numbers)
o Educational surrogate contact information (if applicable)
o Notation of allergies and/or any other medical condition affecting
student’s well-being (e.g., seizures)
o Information specific to the student regarding the handling of medical
emergencies
c. Copy of current IEP
d. Copies of quarterly progress reports and any modification of the IEP
e. Copy of the student's termination or discharge plan
f. Health records, including reports, documentation of physical examinations,
allergies, screening tests, results of medical care
g. All evaluations or assessments conducted of the student
h. Pertinent correspondence concerning the student
i. Information regarding the use of behavior management interventions
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 71 of 73
CRITERION
NUMBER
Legal Standard
j.
including, but not limited to, restraint (chemical, mechanical, physical) and
time-out procedures
Copies of all incident reports
Rating: Partially Implemented
RESPONSE REQUIRED:
Yes
Department of Education Findings:
Student record review indicated that Valleyhead Residential School has developed a comprehensive
Face Sheet that contains all elements required by the Department of Education and more to present
information on a student for all staff members in a location that is easily accessible to all staff
members. Many student records did not contain a copy of the Transition Planning Chart and
progress reports as often as required in the school’s policy.
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 72 of 73
PRIVATE SCHOOL PROGRAM REVIEW REPORT 2007.doc
File Name:
Valleyhead Intensive Care Program Final Report 2007
Last Revised on:
December 21, 2007
Prepared by:
SKH, BH
Massachusetts Department of Education – Program Quality Assurance Services
Valleyhead Intensive Care Program Review Report – December 21, 2007
Page 73 of 73